Bombay HC hears Shiv Sena (UBT) leader’s PIL challenging Governor’s approval for appointment of 7 nominated MLCs

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar heard the fresh PIL filed by Modi on November 26, which challenged the notification issued by the Governor a few hours before the announcement of the Maharashtra Assembly elections, acting on the recommendation of the state Cabinet under then chief minister Eknath Shinde.

Sunil Modi, through advocate Sangramsinh R Bhosale, argued that the Governor could not have approved the seven names as the High Court on October 7 reserved its order in his earlier PIL that challenged the then Governor B S Koshyari’s September 2022 decision to withdraw the 12 MLC nominations recommended by the MVA government.

Bhosle argued the Governor’s action was malice in law and was to influence the decision in earlier PIL and the material placed before the Governor by the Cabinet, based on which the decision was taken, can be subject to judicial review.

Among the seven MLCs, there are three BJP leaders — Chitra Wagh, Vikrant Patil and Dharmaguru Babusingh Maharaj Rathod — and two each from the Shiv Sena led by Shinde and the NCP. Manisha Kayande and Hemant Patil are from the Shinde Sena, and Panjak Bhujbal and Idris Naikwadi are from the NCP.

Sunil Modi, who sought quashing and setting aside of the impugned notification, also submitted that since the Governor has a discretion under Article 171 (5) of the Constitution, he ought not to have acted merely as a ‘rubber stamp,’ especially when the HC had reserved its judgement in earlier PIL.

The bench asked Modi to make the seven nominated MLCs party respondents to the fresh PIL. “If the plea is allowed, who all are going to be affected? Add them as parties,” said the bench, and also directed him to move an interim application seeking amendment in the PIL.

The bench posted a further hearing in the matter on January 15.

On October 15, Advocate General Birendra Saraf, representing the Maharashtra Government, informed the High Court that there did not impede the appointment of the seven MLCs. Saraj said there was neither any stay nor injunction from the court, nor the government had given any assurance to the HC that the appointments would not be made.